State v. Rios, ___ N.C. App. ___, 795 S.E.2d 234 (Dec. 20, 2016)

In this drug case, a new trial was required where character evidence was improperly admitted. When cross-examining the defendant’s witness, the prosecutor elicited testimony that the defendant had been incarcerated for a period of time. The court viewed this testimony as being equivalent to testimony regarding evidence of a prior conviction. Because the defendant did not testify at trial, the State could not attack his credibility with evidence of a prior conviction. The court rejected the State’s argument that the defendant opened the door to this testimony, finding that the defendant did not put his good character at issue.